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Florida Consumer Law Questions & Answers
1 Answer | Asked in Bankruptcy and Consumer Law for Florida on
Q: I am considering bankruptcy on balances of high interest accounts. Can I get help doing it on my own.

One account is a lease for a photo printer. $800 the printer was damaged in our last hurricane and trashed by accident now client wants to pick up printer or be paid can I be arrested?

Timothy Denison
Timothy Denison
answered on Jan 24, 2023

You may be able to get some help from your local bar association or legal aid society. You cannot be arrested for the damaged printer.

1 Answer | Asked in Consumer Law for Florida on
Q: I buy a suv from autodealer from florida i pay with my private check from my checking account they refused

To deliver my fully payd suv with exponation that that was cash deal and try to make me feel out the irs form 8300 I was send them a extract from irs with clearly explanation what was a cash deal and because i paid with my private check it don't feel in category cash deal

Jonathan Blecher
Jonathan Blecher
answered on Dec 11, 2022

Under a separate reporting requirement, banks and other financial institutions report cash purchases of cashier's checks, treasurer's checks and/or bank checks, bank drafts, traveler's checks and money orders with a face value of more than $10,000 by filing currency transaction reports.

1 Answer | Asked in Consumer Law for Florida on
Q: Can a credit card company collected that after 10 years more than 10 years
Phillip William Gunthert
Phillip William Gunthert
answered on Dec 2, 2022

They can always try, but unless they got a judgment and then renewed it, it is likely beyond the statute of limitations of usually 4-5 years.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: What should I do if a contractor never completes the agreed upon work?

I hired a company to replace the windows and sliding glass doors in my home with high-impact hurricane glass. My home is in Bradenton, FL.

Agreement was signed in April 2021. The work was started, but is still not fully completed. I have already paid half the agreed upon costs. I... Read more »

Linda Liang
Linda Liang
answered on Nov 9, 2022

This happens quite often, unfortunately. You can give them a notice for them to act immediately warning them you will hire another company if they do not. If they still do not work to complete the project, you can hire another company and keep all the records. You also have right to ask them to pay... Read more »

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue a store for discrimination if I’m the only person in line being asked to show I.d. to buy a lottery ticket?

I have never been asked to show I.d. To buy a lottery ticket. The legal age to buy one here in Florida is 18. I’m 31 years old. I feel like because I am short statured, 5’0” to be exact, that I was refused the purchase of a lottery ticket. It was very embarrassing. I asked a couple people... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 7, 2022

No, as far as I know, one cannot sue for discrimination on the basis of "stature", even if you could prove that your being short was the reason for the discrimination. It appears that the reason they asked for proof of identity may have been that you looked like you were under-age. In... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Business Law for Florida on
Q: My HOA is charging me a convenience fee for paying my HOA dues. They don't offer any free options. Is this legal?

They offer two payment methods online; pay by credit card or pay with bank account. Both options charge a convenience fee. They do not offer any other way to pay the dues. My understanding is that the convenience fee is only charged as a convenience alternative to a standard method of payment.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 3, 2022

If you mail a check they have to accept it. They cannot legally refuse any form of legal tender. The problem you might face is proving they received the payment. They cannot require only online payment but if they provide for online payment they can charge a convenience fee.

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1 Answer | Asked in Consumer Law and Collections for Florida on
Q: If I have a money judgment against a company that has been dissolved, who do I go after to collect my judgment?

Do I go after the owners?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 27, 2022

Nope. You don't have a judgment against the owners. Your judgment is (sorry to say because thus is how I make money) not worth the paper upon which it is printed.

2 Answers | Asked in Consumer Law, Civil Litigation and Small Claims for Florida on
Q: I won a $6000 smallclaims suit against an autoshop.The owner want me to get a lawyer to arrange payment. Can you help?

The owner of an auto repair shop I just won a $6000 small claims suit against want me to get a lawyer to arrange the payment. Can she make me do that? Do I have to do that? Do I have to get a lawyer? Do I have to take her to court again?

Charles M.  Baron
Charles M. Baron
answered on Oct 26, 2022

Can she make me do that? No. Do I have to do that? No. Do I have to get a lawyer? No.

Do I have to take her to court again? Only if she fails to pay the judgment, in which case you may execute on the judgment by garnishing the business's bank account (basically, you can...
Read more »

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I need to know what type of lawyer to hire for my situation.

I have a dispute with a builder over a $28,000 pole barn. He did not meet the specifications in the contract. I had them cease construction and withheld final payment. I don't know what type of lawyer I need or how I go about finding one. Any help or information is greatly appreciated. I... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 17, 2022

Consult a lawyer in your area who handles construction or contract disputes. You can try the the Justia Find-a-Lawyer tab or contact the Florida Bar Lawyer Referral Service.

1 Answer | Asked in Consumer Law and Construction Law for Florida on
Q: Pool company does not exist anymore and left me with unfinished pool. What can I do to get my money back?

Dec. 3, 2021 I signed a contract with Hydrotech pools for building a pool in my backyard.

Now this company does not exist anymore. All the people I had contact with are not at the company anymore. I was at their office and it was empty, like abandoned. I paid everything except an amount of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 1, 2022

You probably can't sue the owner, assuming the company is a limited liability company (LLC) or corporation; that's what limited liability is all about. While there are possible scenarios under which you might be able to "pierce the corporate veil". it's not likely that you... Read more »

1 Answer | Asked in Consumer Law, Contracts and Civil Litigation for Florida on
Q: What can I do to get my car that is in my name but still in my exes possession in florida?

Payments are not on time and I want to get the car paid off and off of my credit.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

If the automobile is titled in your name only you have a legal right to go get it, unless you were supposed to transfer it to him in the divorce.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Jane Kim
Jane Kim PRO label
answered on Sep 16, 2022

It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... Read more »

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What should I do if my auto financial comp refuse to comply with my right of recession paperwork and stole my car

I mailed my right of recession letter in June. I called and spoke to the company after they took my car and they said the letter isn’t valid. The letter was indeed valid and now they refuse to give me my remedies, and downpayment because they took my car back.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2022

A right of rescission is generally limited to door-to-door sales and refinancing of mortgages, not cars. Dealerships are not going to let you drive their cars for three days, put mileage on the vehicle and then take it back. Unless there was a clause in your contract giving you this right, any... Read more »

2 Answers | Asked in Consumer Law, Contracts and Small Claims for Florida on
Q: Hello, we are in need of legal advise as to whether we should sue in small claims court.

We hired a couple to do epoxy floors on our garage floors. They said their product came with a 6 year warranty. We paid them $800 and after a month, the flakes started coming up. We contacted them to fix the issue and it was one excuse after another. They offered us a refund and to re-do our... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 31, 2022

The only avenue open to you, with any chance of success is small claims court. If you prevail to judgment, you are entitled to costs. Make certain that you sue the correct legal entity. Many clerks have information and forms on their websites. You can find the Florida Small Claims Rules online.

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Florida on
Q: Should I file a small class action suit or replevin? Am I entitled to any additional damages?

I paid an ac co. $6000 for a system and install. They installed everything excepts ducts then refused saying there were spiders in crawlspace. They said they would take everything, keeping $1000 for their time. I told them I now owned the equipment and not to take it unless I got a full refund.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 29, 2022

If you sue them for the $1,000 they are trying to keep, replevin would not make any sense, you would not be out they money you paid them. You might want to talk to an attorney to see if any "other damages" would be practical.

A class action suit would probably not work....
Read more »

1 Answer | Asked in Civil Litigation and Consumer Law for Florida on
Q: Should I contact a lawyer to file criminal/civil charges against Instacart for employing criminals?

My Instacart account was used yesterday to make 4 fraudulent purchases in 30 minutes. The first three purchases were for around $50 with a $490+ tip on each of the three. Each time the driver marked the deliveries as delivered right after the order was placed. The last one was made for the same... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 25, 2022

Start by calling the police for your locality. They should be interested in investigating your matter. Also, the Fla. Attorney General's Office's Fraud Hotline 1-866-966-7226 possibly could be interested. I think this issue can be solved through law enforcement, but if you must end up... Read more »

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Florida on
Q: Wy wife recently died. She had several credit cards in her name. Am I responsible for these bills?
Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any... Read more »

2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for Florida on
Q: Is it illegal to protest/share a negative experience with a business?

I bought into a company that claimed they were going to teach me how to be successful in a business and would provide coaching from people who had done the business. They claimed they had already worked out the kinks and would teach me to use their system and all I had to do was follow it. It did... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2022

If you convey facts that are 100% truthful, your statements do not constitute unlawful defamation. However, you are correct that "anyone can sue anyone". Are you prepared to spend many thousands of dollars to defend yourself (with an attorney)? All the other party has to do is to file... Read more »

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1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Business Law for Florida on
Q: Are insurance companies legally inhibited from paying for insurance on a rental when paying for damages in Florida?

Insurance company stated that they are not obligated nor legally allowed to pay for insurance on the rental. When someone else hits you and their insurance is reimbursing you. It seems as though they should also pay for the insurance on the rental. Is the insurance company telling me a bs story or... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 10, 2022

Check your insurance policy. The terms of the policy determine if you have coverage for a rental or not.

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